A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


FOR

APRIL 2, 2005


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2005. 

Archived Prior Ramblings
CLICK ON A DATE

In Memorium:
September 11, 2001

                   2002
  02-22-02  03-30-02  04-05-02
  04-21-02  04-27-02  05-01-02
  05-03-02  05-10-02  05-17-02
  05-31-02  06-21-02  06-26-02
  06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
  08-21-02  08-23-02  08-30-02
  09-06-02  09-11-02  09-11-02F
  09-13-02  09-20-02  09-27-02
  10-04-02  10-11-02  10-18-02
  10-25-02  11-01-02  11-08-02
  11-15-02  11-22-02  11-29-02
  12-06-02  12-13-02  12-20-02
  12-27-02

                       2003
  01-03-03  01-10-03  01-10-03R
  01-17-03  01-24-03  01-31-03
  02-07-03  02-14-03  02-21-03
  02-28-03  03-07-03  03-14-03
  03-21-03  03-28-03  04-04-03
  04-11-03  04-18-03  04-25-03
  05-02-03  05-09-03  05-16-03
  05-23-03  05-30-03  06-06-03
  06-20-03  06-27-03  07-04-03
  07-11-03  07-18-03  07-25-03
  08-01-03  08-08-03  08-15-03
  08-22-03  08-29-03  09-05-03
  09-12-03  09-19-03  09-26-03
  10-03-03  10-10-03  10-17-03
  10-24-03  10-31-03  11-07-03
  11-14-03  11-21-03  11-28-03
  12-05-03  12-12-03  12-19-03
  12-26-03 

                      2004
  01-02-04  01-09-04  01-16-04
  01-23-04  01-30-04  02-06-04
  02-13-04  02-20-04  02-27-04
  03-05-04  03-12-04  03-19-04
  03-29-04  04-02-04  04-09-04
  04-16-04  04-23-04  04-30-04
  05-07-04  05-14-04  05-21-04
  05-28-04  06-11-04  06-18-04
  06-25-04  07-09-04  07-16-04
  07-23-04  07-30-04  08-06-04
  08-13-04  08-20-04  08-27-04
  09-03-04  09-10-04  09-17-04
  09-24-04  10-01-04  10-08-04
  10-15-04  10-22-04  10-29-04
  11-05-04  10-12-04  11-19-04
  11-26-04  12-03-04  12-10-04
  12-17-04  12-24-04  12-30-04
 
                   2005
  01-07-05  01-14-05  01-21-05
  01-28-05  02-04-05  02-11-05
  02-18-05  02-25-05  03-04-05
  03-11-05  03-18-05  03-25-05
  04-02-05
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
Greets and Huggers. Posted the evening of April 2, 2005. I guess we have crossed into the "Twilight Zone" .... or perhaps we are now in some kind of legislative "Full Moon" phase: SB 331, " 5. The division or a IV-D agency may issue liens against any account in a financial institution and may release such liens. If a non-custodial parent is more than fifteen days in arrears of child support, then the financial institution shall place a hold on their account. The hold placed on the non-custodial parent’s account shall prevent the non-custodial parent from purchasing real or personal property and from starting a business." emphasis added. Doesn't this legislation presuppose that the Family Support Payment Center can process and credit a payment to the correct account within 15 days? Just how many man-hours would it take to enforce this section? Does it really make sense to empower some clerk sitting in Jefferson City with the ability to ATTACH a bank account, trash a credit rating, block a person from starting a business or buying a house ... and .... block a person from buying personal property, like tooth paste, soap or toilet paper?? ALL WITHOUT A HEARING!!  Didn't we used to have something called "Due Process of Law? And SB 514, my personal favorite, it amends section 105 by adding "105.007. 1. An elected or appointed public official or any employee of the state or a political subdivision, including a school district, shall not be subject to civil liability, impeachment, or removal from office or job, as a result of his or her acknowledgment of God as the supreme ruler of the universe. The provisions of this section shall apply regardless of how the official or employee chooses to make an acknowledgment of God.", emphasis added. As noted by my Dear Friend Rob Pennell "Thank God and it is about time they pushed for such legislation. I have been refusing to run for public office and have been doing my animal sacrifices in private (in the closet so to speak) for fear of this very issue. Now that this will be protected I am free to pursue my lifelong goal of World Domination without having to give up my religious beliefs regarding possum worship. Thanks Sen. Ridgeway!" Of course, there is also SB160, ... <shaking his head> ... so while California has passed Proposition 71, a 3 BILLION dollar bond initiative, funded by the citizens of the State of California, to fund stem cell research, the Massachusetts Senate, this week overwhelmingly passed legislation to give scientists more freedom to conduct embryonic stem cell research and while Kansas City is home to the Stowers Research Institute, which is a nationally recognized leader in bio-medical research, (with a current private endowment of 1.7 BILLION dollars and an additional 2 BILLION dollars pledged) ... our legislature is proposing legislation, SB160, which criminalizes stem cell research??? [BTW the folks at Stowers have shared that, should SB160 pass ... they will take their 3.7 BILLION dollars and pull out of Missouri.] In the name of attracting new business, didn't our Governor just sign "Tort Reform" Legislation making it more difficult to collect damages for the malpractice committed by negligent doctors? Didn't he also just sign "Workers Compensation" legislation, making it more difficult for injured workers to file a claim? Oh ... and did I mention Missouri's form of "diplomatic immunity", HB688 "Section A. Section 510.120, RS Mo, is repealed and one new section enacted in lieu thereof, to be known as section 510.120, to read as follows "510.120. 1. During the period beginning December fifteenth of each year and ending June fifteenth of the following year there shall be a stay of all administrative and court proceedings in which any member of the general assembly is an attorney for any party, a necessary witness, or a party to a civil action. Such stay shall not be discretionary with any trial court and shall be invoked by the filing of a notice by a member of the general assembly filing with the clerk of the court stating that he or she is a member of the general assembly. Such stay shall apply to all trials, motions, hearings, discovery responses, depositions, responses to motions, docket calls, and any other proceedings before any court in this state, including municipal courts and probate courts and all administrative bodies. Such stay shall also apply to any order requiring any member of the general assembly to serve as a juror during the aforesaid time period. Such stay shall not relieve any party of any obligations under either a statute of limitations or the performance of an obligation based upon a final judgment. Such stay shall not apply to any circuit court proceeding in which a member of the general assembly is the criminal defendant." emphasis added ...... and SB531, defining who may take a Bar Exam To repeal supreme court rule 8.07, and to enact in lieu thereof one new supreme court rule relating to the application for bar examination. "... (e) An applicant who has served at least eight years as a member of the Missouri general assembly may be permitted to take the bar examination." emphasis added. Makes you wonder, doesn't it .... the sponsor of this Bill believes the legislature can change a Supreme Court Rule?? I'm not sure he/she can pass an 8th grade civics exam .... let alone a Bar Exam. But, I'm sure some folks would believe 8 years in the general assembly is the equivalent of attending Law School ... and graduating! What about SJR16, "This proposed constitutional amendment, if approved by the voters, would reduce the term of office for a supreme court judge from twelve years to five years. Further, in order for a supreme court judge to be retained, the judge must receive two-thirds of the public vote, rather than a simple majority of the vote." HJR10 "Proposes a constitutional amendment requiring the advice and consent of the Senate for Missouri Supreme Court nominees." and HJR11 "Proposes a constitutional amendment requiring Senate confirmation of Missouri Supreme Court and Court of Appeals nominees." Yup. We are either in the "twilight zone" .... or a legislative "full moon"!!

Terri Schiavo is free to sing, walk, dance ... again ... not shackled by this small, limited, piece of reality, this "life" ... she went "home", Thursday. I can hear the gnashing of teeth ... by those who were using her plight to further their political agendas. Share with me ... if GOD gives us freedom of choice, (the right to make decisions about our body and our actions ... and look God in the face, when the time comes, to explain and "pay for" our choice/decisions) ... aren't those who seek to limit that choice, by forcing their choice on us ... playing GOD. .... <whispering> .... SATAN, LUCIFER "EZEKIEL 28.15 You were blameless in your ways from the day you were created till wickedness was found in you. 16 Through your widespread trade you were filled with violence, and you sinned. So I drove you in disgrace from the mount of God, and I expelled you, O guardian cherub, from among the fiery stones. 17 Your heart became proud on account of your beauty, and you corrupted your wisdom because of your splendor. So I threw you to the earth; I made a spectacle of you before kings. 18 By your many sins and dishonest trade you have desecrated your sanctuaries . . ." And there will be a backlash. No doubt, well meaning folks will want to impose their will on you and I. They will want to do GOD's will ... as they see it. Limit "Health Directives", "Medical Power of Attorney's" ... limit your and my ability to choose a passing, with dignity. Who gave them the right to do so? Don't you think, we are now in the "Twilight Zone"? Aren't we enjoying a legislative "Full Moon"?

Pope John Paul II, (Karol Józef Wojtyla), died Saturday night, (Italian time). In the end, the most powerful figure in the Roman Catholic Church, the man, who, as a shepherd, had sought out the "common man", made a point of ministering to the sick, infirmed, most wanting of human beings, (they were his flock, he their shepherd) ... passed quietly ... isn't it fitting, that thousands sought him out, stood outside his window at the Vatican, to be there with him ... and joined the leaders of the world's religions, praying loud enough for him to hear? And, dying, with humility, he thanked them for being there with him. As Satan/Lucifer was caste from Heaven, banished ... because of "pride" ..... I can not help but think, there is great rejoicing in Heaven, this week ... two, (and many other), equal, humble souls, have returned, Home ... they, the humble, the meek, will be welcomed.

The Ramblings are published a day late I was asked to photograph the Heartland Regional [Mediators] Conference, yesterday, last night and today. I thoroughly enjoyed spending time, (and taking pictures ... I will share some with you, once I've had a chance to process them), of folks dedicated to the peaceful resolution of conflict. The workshops in advanced mediation/facilitation training were fabulous, as was spending time with my Dear Friend, El Gene V. As the "official" photog, I had access to all meetings, the ceremonies and the executive planning session. It was absolutely heartwarming, to spend time with folks who are not on one or another side, politically .... but instead, are driven to resolve conflict by finding mechanisms to enhance communication. As was repeatedly and most effectively pointed out an inability to communicate only results in a frozen status quo ... or ... worse, an escalation of the conflict. The only down side was ... this was the second time, in ten years, that I was away from Susan. Strange how you take the simple, little things for granted. The ability to look around a corner and see the person you love more than life ... sitting there talking to her Yorkies ... or just walking in, putting your arms around her ... and revel in a simple smile. Or to wake up in the morning and see ... the face of the person that makes your life worth living/sharing. Tonight, I will curl up next to ... feel and smell the most wonderful partner a man can have .... and I will give thanks for being able to do so. You see ... you don't miss the things you take for granted ... until they are no longer granted. Be and sleep well, take a moment and think about the things or person, YOU take for granted, the things or person, that makes YOUR life worth living ... our men and women in uniform are sacrificing the things THEY take for granted .... so you may do so. Please , please, please .... join me in a prayer/a wish, that they come home safe and soon. If my post offends, I apologize .... that is not my intent. As always ...

A Warm Brotherly Hug

Karl (the dumb ole lawyer from Holden, Missouri)

 

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Karl H. Timmerman M.A.J.D. © 2005
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